`_________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________________
`
`
`
`NOVEN PHARMACEUTICALS, INC.
`AND MYLAN PHARMACEUTICALS INC.,
`Petitioners
`
`v.
`
`NOVARTIS AG AND LTS LOHMANN THERAPIE-SYSTEME AG,
`Patent Owners
`
`_________________________________
`
`
`
`Inter Partes Review No.: 2014-005491
`
`U.S. Patent 6,316,023
`
`PETITIONER’S REQUEST FOR
`ORAL ARGUMENT UNDER 37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`1
`
`
`
`Case IPR2015-00265 has been joined with this proceeding.
`
`1
`
`
`
`
`
`PETITIONER’S REQUEST FOR
`ORAL ARGUMENT UNDER 37 C.F.R. § 42.70
`
`Pursuant to the Board’s Scheduling Order dated October 14, 2014 (Paper
`
`11), Petitioner Noven Pharmaceuticals, Inc. (“Noven”) respectfully requests oral
`
`argument, currently scheduled for June 2, 2015. Noven also requests that the
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`hearing in this matter be joined with the hearing in IPR 2014-00550 due to the
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`overlapping issues in the two IPRs.
`
`Pursuant to 37 C.F.R. § 42.70(a), Noven intends to argue the following
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`issues:
`
`1. Any issues addressed by Petitioner, including in the Petitions for Inter
`
`Partes Review and Replies, in the ’550 and ’549 proceedings. In
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`particular, as to the patentability of claims 1, 2, 4, 5, 7, and 8 in the ’023
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`patent2, whether a person of ordinary skill in the art as of January 1998
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`would have maintained a reasonable expectation that the drug
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`rivastigmine was susceptible to oxidative degradation, and therefore,
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`whether the combination of rivastigmine with an antioxidant in a
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`pharmaceutical formulation (and especially a transdermal delivery
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`system) was a patentable invention.
`
`
`2
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`As to the ’031 patent, the subject of IPR2014-00550, the questions posed
`
`would be with respect to claims 1-3, 7, 15, 16, and 18.
`
`
`
`2
`
`
`
`
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`2. Any issues properly raised by Patent Owners, including in Patent
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`Owners’ Responses, in the ’550 and ’549 proceedings.
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`3. Rebuttal to issues raised by Patent Owners.
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`4. Noven’s motion(s) to exclude evidence.
`
`5. Any motion to exclude evidence by Patent Owners.
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`Because of the number of matters disputed, Noven requests 60 minutes per
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`side of oral argument in the joined hearings for IPR2014-00550 and IPR2014-
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`00549. Noven also requests the ability to use audio/visual equipment to display
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`demonstrative exhibits, including the use of a projector and screen for a
`
`PowerPoint presentation.
`
`Respectfully submitted,
`
`/Michael K. Levy/
`Steven J. Lee (Reg. No. 31,272)
`Michael K. Levy (Reg. No. 40,699)
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel: 212-425-7200
`Fax: 212-425-5288
`
`Counsel for Petitioner Noven Pharmaceuticals,
`Inc.
`
`
`
`3
`
`
`
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`
`
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`
`
`Dated: April 28, 2015
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
` I
`
` certify pursuant to 37 C.F.R. §42.6(e) that a copy the foregoing Petitioner’s
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`Request for Oral Argument was served electronically on April 28, 2015 to counsel
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`for Patent Owners at the following email address: ExelonPatchIPR@fchs.com.
`
`/Christopher J. Coulson/
`Christopher J. Coulson (Reg. No. 61,771)
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel: 212-425-7200
`Fax: 212-425-5288
`Counsel for Petitioner Noven Pharmaceuticals,
`Inc.
`
`1
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`
`
`
`
`Dated: April 28, 2015
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